Legal Framework On Victim Participation In India
- IJLLR Journal
- Apr 24
- 2 min read
Dr. Juhi Saxena, Asst. Prof, Amity University
Rounak Kr. Mishra, LLM (Criminal Law), Amity University
Constitutional Provisions
In the socio-legal framework of India, the Constitution serves as the supreme law of the land and forms the foundational bedrock upon which all other legal provisions, rights, and duties are constructed. In the context of victim participation in the justice delivery system, the Constitution of India, though not explicitly elaborating a comprehensive victim rights regime, implicitly provides a range of protections and entitlements that can be interpreted to support and promote the inclusion, dignity, and participation of victims in the criminal justice process. The constitutional provisions, particularly those enshrined in the chapters on Fundamental Rights and Directive Principles of State Policy, offer both justiciable and aspirational guidelines for the development of a victim-centric legal system. These constitutional guarantees have, over the years, been interpreted expansively by Indian courts to recognize the rights of victims, particularly in cases of violence, abuse of power, and state inaction.
In the socio-legal framework of India, the Constitution serves as the supreme law of the land and forms the foundational bedrock upon which all other legal provisions, rights, and duties are constructed. In the context of victim participation in the justice delivery system, the Constitution of India, though not explicitly elaborating a comprehensive victim rights regime, implicitly provides a range of protections and entitlements that can be interpreted to support and promote the inclusion, dignity, and participation of victims in the criminal justice process. The constitutional provisions, particularly those enshrined in the chapters on Fundamental Rights and Directive Principles of State Policy, offer both justiciable and aspirational guidelines for the development of a victim-centric legal system. These constitutional guarantees have, over the years, been interpreted expansively by Indian courts to recognize the rights of victims, particularly in cases of violence, abuse of power, and state inaction.
Article 14, which guarantees equality before the law and equal protection of the laws, also holds substantial relevance for victims of crime, especially those from marginalized communities. This provision has been invoked in cases where victims have been denied fair treatment on the basis of caste, gender, religion, or socio-economic status. Discriminatory treatment of victims by the police, denial of access to legal resources, or the failure to register First Information Reports (FIRs) can be challenged as violations of Article 14. When law enforcement authorities act arbitrarily or selectively, especially in cases involving vulnerable groups such as Dalits, women, or minorities, the constitutional promise of equality is clearly undermined. Therefore, Article 14 becomes an essential constitutional tool for ensuring that all victims, irrespective of their identity, receive equal access to justice and are treated with fairness throughout the criminal justice process.
